Joint Meeting of the Board of Barbering and Cosmetology

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					                       Board of Barbering and Cosmetology
                       2420 Del Paso Road, Suite 100, Sacramento, CA 95834
                       P 1-800-952-5210 F (916) 575-7281    www.barbercosmo.ca.gov



                               Department of Consumer Affairs
                                 1625 North Market Boulevard
                               First Floor Hearing Room – S-102
                                 Sacramento, California 95834



JOINT MEETING OF THE BOARD OF THE BOARD OF BARBERING AND
    COSMETOLOGY AND THE BOARD’S STANDING COMMITTEES

                            MINUTES OF AUGUST 5, 2007

   BOARD MEMBERS PRESENT                       STAFF MEMBERS PRESENT

   Jerry Tyler, President                      Kristy Underwood, Executive Officer
   Richard Hedges, Vice President              Denise Johnson, Asst. Executive Officer
   Deedee Carlson                              Gary Duke, Staff Counsel
   Socorro Farias                              Theresa Rister, Board Analyst
   Frank Lloyd                                 Janene Mayberry, Admin. Asst.
   Jerri Ann Walters
   Ken Williams

   BOARD MEMBER PRESENT
   VIA TELEPHONE:

   Marlene Gadinis


1. Agenda Item #1, CALL TO ORDER/ROLL CALL

   Mr. Tyler called the meeting to order at 10:00 a.m. Mr. Hedges made a motion to hear Item 11
   earlier than scheduled. Mr. Williams seconded the motion and it passed by an 8-0 vote. It will be
   heard after Item #3. The board members and staff members introduced themselves.

2. Agenda Item, #2, President’s Report

   Mr. Tyler welcomed the newest member, Socorro Farias to the board. Ms. Farias gave a brief
   synopsis of her background. Mr. Tyler reported California now has reciprocity with every state in
   the United States. Mr. Tyler noted he has been invited to be a featured speaker at the National
   Interstate Council of Cosmetology Boards at their national convention. He is excited to be
   representing the California board and learning from other boards in the United States and 11 other
   countries. He will be speaking on illegal and underground activity. He is continuing to write
   monthly articles for California Stylist. He has attended three advisory board meetings in the last
   quarter. Strategic partnerships are being formed in the industry. Mr. Tyler has been asked to
   meet with the Wella president from Japan, who is forming a global interchange group of the
   industry.
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   3. Agenda Item #3, Executive Officers Report

       Ms. Underwood updated the board on reciprocity. It is being implemented with the help of the
       computer based testing vendor. At this time, 468 applications have been approved. She updated
       the board on AB 2449, legislation that required the board to do a survey of all licensees and their
       current employment status. 75% of those surveys have been tallied. 36% of the licensees stated
       they are booth renters/independent contractors, 30% did not answer, 23% are employees, and
       11% are salon owners. The board was surprised that the percentage of independent contractors
       was not higher. Ms. Underwood believed the survey should be completed within the next few
       weeks. A report will follow to the board and the legislature by January 1, as required. Ms.
       Underwood indicated an examination was conducted in the state correctional facility at Chowchilla
       on July 24, with 5 candidates, 3 passed. The plan at this time is to conduct a test every six
       months. Staff is working closely with the Department of Corrections to get the right people into the
       program (future parolees) and schedule the testing. The program is only for women at this time.
       Mr. Duke noted the law provides standards for rehabilitation for the program to follow. However,
       the rules may not be clearcut. The burden of proof is upon the applicant.

   4. Agenda Item, #4, Department of Consumer Affairs Report

       No report was given

   5. Agenda Item #5, Approval of Board Meeting Minutes

       April 22-23, 2007: Mr. Hedges made the motion to approve the minutes, it was seconded by Mr.
       Tyler. Mr. Lloyd noted on page 13 regarding AB 1025. The committee and the board voted to
       oppose the bill, not support. The minutes as amended were approved by an 8-0 roll call vote.

       May 25, 2007: Upon a motion by Mr. Hedges, seconded by Mr. Tyler, the minutes were approved
       by an 8-0 vote.

(15 minute break) (Ms. Gadinis, at a remote location, left the meeting)


   6. Agenda Item #6, Appointment of Committee Members

       Mr. Tyler welcomed Ms. Farias. She requested to be placed on the Education and Outreach
       Committee. Mr. Tyler asked to be placed on the DRC committee as an alternate in addition to Ms.
       Gadinis and Ms. Carlson. Mr. Hedges moved approval of the President’s appointments to the
       committees, Mr. Williams seconded the motion and it was approved by a 7-0 vote.


   7. Agenda Item #7, LEGISLATION AND BUDGET COMMITTEE

       a)     Call to Order/Roll Call:

              Members include Jerry Tyler, Richard Hedges, and Marlene Gadinis. Ms. Gadinis was not
              present. Ms. Walters was asked to be an alternate. She agreed and attended the
              committee meeting.

       b)     Approval of April 22, 2007 Committee Meeting Minutes
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           Upon a motion by Mr. Hedges, seconded by Mr. Tyler, the minutes were approved by a 2-0
           vote.

     c)    Budget Update

           Ms. Underwood provided the budget update as of May 30, 2007. There is approximately
           $300,000 to carry over. The request for additional inspectors is moving forward. There are
           14 people in the enforcement division.

     d)    Proposed Regulations Update

           The following proposed regulations and their status were reviewed by staff and discussed
           by the committee: Schedule of Fees (going through the process with the department),
           Credit for Special License (Apprentice Transfer of Hours) (with Office of Administrative
           Law), Summary of Suspensions (AB409) (with Office of Administrative Law with due date of
           8/10), Administration Fine Increase (adding of two fines for footspas. Hearing on 7/30, no
           public comment. Moving forward), Interpreter and Interpreter Model (Hearing on 7/30, no
           public comment), Removal of Externship Curriculum (currently being worked on).

     e)    Proposed Legislation Update

           Updates were provided for the following Legislation.

           •   AB 105 - Tanning Facilities
           •   AB 265 - Threading: Extended inoperative date until 7/1/09
           •   AB 721 – Public Records Requests
           •   AB 865 – Live Customer Agents
           •   AB 1025 – Denial of Licensure
           •   AB 1135 – Report Declarations
           •   AB 1393 – Public Records
           •   AB 1525 – BPPVE Approved Schools
           •   SB 374 – Military Service-Benefits
           •   SB 618 - Electronic Records
           •   SB 823 – Private Post Secondary Act was reviewed and discussed. Mr. Tyler made the
               motion to support the oversight of the schools from the Board of Barbering and
               Cosmetology. Mr. Hedges seconded the motion. It was approved by a 3-0 vote to bring
               the issue before the full board.

                  Public Comment

                  Fred Jones, PBFC, discussed the history of the dual oversight. His organization has
                  supported the concept of the Board being the sole agency over private beauty
                  schools. He noted an extra layer has been added to SB 823 and now the
                  administration is in a position to veto. Upon request from the board, he discussed
                  the current situation. At this point, new schools cannot open in California. He is
                  looking for an amendment to some urgency bill that removes the requirement that
                  BPPVE has to first approve barbering and cosmetology schools prior to this board’s
                  approval. He strongly supports the board’s motion.
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                  George Brunt is attempting to open a new Paul Mitchell school in Pleasant Hill, CA.
                  They cannot open because they did not meet the deadlines of the BPPVE. He also
                  stated this board was more qualified to govern the aspect of licensure.

                  Nadine Bruders of San Diego has experienced many problems and setbacks with
                  BPPVE in trying to open a new school. She supports the motion.

           Mr. Hedges noted the Paul Mitchell salon/school will be a good addition to the city and he is
           disappointed it is being held up. Mr. Duke indicated staff will try to work with Paul Mitchell
           school and others to get their schools open.


     f)    Public Comment

           The public present did not wish to address the committee on other issues.

     g)    Agenda Items for Next Committee Meeting

           Continue to watch progress in the legislation, detailed status of SB 823. Mr. Duke
           recommended SB 963 be placed on the next agenda. It deals with a complete reformation
           of the Department of Consumer Affairs. It is a two year bill.

     h)    Adjournment

           There being no further business, the meeting of the Legislation and Budget Committee was
           adjourned.


8. Agenda Item #8, DISCIPLINARY REVIEW COMMITTEE

     a)    Call to Order/Roll Call

           Members include Frank Lloyd (Chair), Richard Hedges, Ken Williams, Jerry Tyler
           (Alternate), Deedee Carlson (Alternate). All members were present.

     b)    Approval of April 22, 2007 Committee Meeting Minutes

           Mr. Hedges made the motion to approve the minutes, it was seconded by Mr. Tyler. Mr.
           Duke pointed out an error in Item #9.c. “...dual process” should be “due process.” Mr.
           Hedges accepted this amendment to his motion. The minutes as amended were approved
           by a 5-0 vote.

     c)    Review of DRC Statistics and Schedule

           DRC statistics as of June 30th were reviewed. Mr. Hedges noted many appeals were in
           enforcement and have now created a backlog of older cases. They have been resolved.
           More dates have been added to keep the cases moving. Mr. Williams asked if the meetings
           could be scheduled on Sundays-Mondays as they have traditionally been done. He noted it
           is difficult to get away from his school during the mid week. Ms. Underwood indicated this
           may require staff overtime. Mr. Lloyd and Mr. Hedges have agreed to attend the meeting.
           Mr. Tyler will attend on the 24th. Mr. Williams committed to the 19-21 but could not
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           guarantee he could be there on a regular basis. Ms. Carlson offered to attend some Los
           Angeles sessions. In November, Ms. Carlson, Mr. Hedges and Mr. Lloyd will attend. Ms.
           Underwood indicated the schedule will be firmed up and sent out by email. She asked
           everyone to confirm their availability to attend.

     d)    Public Comment

           The public present did not wish to address the committee.

     e)    Agenda Items for Next Committee Meeting

           Statistics

     f)    Adjournment

           There being no further business, the Discipline Review Committee was adjourned.


9. Agenda Item #9, LICENSING & EXAMINATION COMMITTEE

     a)    Call to Order/Roll Call

           Members include Marlene Gadinis (Chair), Jerry Tyler, Richard Hedges, Frank Lloyd. Ms.
           Gadinis was not in attendance so Mr. Tyler conducted the meeting.

     b)    Approval of April 22, 2007 Committee Meeting Minutes

           Upon a motion by Mr. Hedges, seconded by Mr. Tyler, the minutes were approved by a 3-0
           vote.

     c)    Review of Licensing Statistics.

           Staff reviewed the licensing statistics. There is no backlog. There is a 6-8 week wait. Mr.
           Tyler expressed concern over the 1,228 no shows for the practical examination and 1,098
           no shows for the written. It is a space somebody else could have had.

     d)    Review and Approval of Regulatory Language to Revise the Curriculum for Electrology,
           Esthetician, Barbering and Manicuring:

           Proposed language was presented to revise the curriculum currently in regulation to make it
           more flexible. The cosmetology curriculum has previously been approved by the board.
           The manicuring curriculum was previously approved but they felt the motion was not clear
           enough so it is being reviewed. Mr. Duke was asked to provide the language for a clear,
           positive motion. Mr. Duke noted the language needs to be in regulatory format for the OAL.
           He asked the item to be tabled and placed on tomorrow’s agenda. Mr. Hedges made the
           motion to approve the language as presented in concept until the full regulations are
           brought back before the board. Ms. Underwood recommended bringing back the final
           language to the October meeting along with more information, to the full board for approval.
           Mr. Lloyd seconded the motion.
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                  Public Comment:

                  Jean Ogren commented on the electrology curriculum. She presented a letter from
                  Patsy Kirby who wrote that she felt the curriculum was too vague. Ms. Ogrin noted
                  the required hours for electrolysis, thermolysis and the blend should be equal.
                  There needs to be a balance. She objected to using “salon and spa skills.” Ms.
                  Underwood commented the number of hours was derived from input from the
                  industry. Mr. Tyler commented skills are needed beyond technical skills.

                  Fred Jones, PBFC, appreciates broad modalities and not an over micromanaged
                  curriculum with unintended consequences that lead to wholesale licensure and
                  regulatory exemptions.

                  Jaime Schrabeck commented on the manicuring curriculum proposal. She wanted
                  to ensure there was justification to increase the hours from 400 to 500. She
                  discussed technical instruction vs. practical operation; it is not realistic in beauty
                  schools. Other than hours she would rather see competency skills listed.

           The motion was approved by a 3-0 vote.


     e)    Update on National Exam Audit

           Ms. Underwood provided an update on the National Exam Audit. The vendor to perform the
           audit has been chosen. The audit is expected to take 4-5 months. A full report will be
           submitted to the Board.

     f)    Update on Computer Based Testing Update

           The new vendor for computer based testing began on June 5, 2007. The new vendor is
           PSI, Psychological Services. Several glitches were encountered but are being resolved.
           PSI has 13 testing locations in the state.

     g)    Discussion of Booth Rental License

           Per industry statistics 75-90% of the people in California within the beauty industry are
           independent contractors/booth renters. More and more states are moving towards licensing
           these entrepreneurs to reflect this change. It will assist in consumer protection to have
           accountability. Mr. Tyler explained the store owner is recognized as the establishment
           owner. They may be required to maintain all the rules and regulations. Mr. Lloyd
           expressed his concern that somebody needs to be in charge for disputes. Mr. Hedges
           noted he is in favor of the booth renter license but is against taking the responsibility for
           health and sanitation off the booth renter and salon owner. He believed if the salon owner
           is responsible, they will be watching the booth renters more closely. Mr. Tyler agreed
           specific guidelines need to be developed. Mr. Tyler requested the committee recommend
           to the full board to require booth renters to obtain an establishment license under the
           current statutory authority. He also requested staff draft a proposal for the license, looking
           at other states’ procedures. Mr. Hedges made the motion to move this issue forward for
           discussion by the full board to protect health and safety without relieving that responsibility
           from the establishment owner. Mr. Tyler seconded the motion.
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                  Public Comment

                  Fred Jones, PBFC, advised his organization is not against booth rental, but for a
                  ‘clear playing field.’ He believed there is ignorance about being a sole proprietor
                  within the booth rental segment. Booth renters have all the responsibilities of an
                  establishment owner. Every booth renter should have their own establishment
                  license for consumer protection and their own protection. Now, inspectors don’t
                  know who is a sole proprietor and who is an employee. The landlord is responsible
                  for the common area. Tax evasion is rampant. (Mr. Tyler noted most states require
                  educational classes for booth renters)

                  Kirby Morris, of NIC, noted the Board should go to the AG’s office to see if it is legal
                  to put a double licensure on the same space. He cited Nevada which does not issue
                  a booth renter license because it was determined it is not legal. He stated the board
                  should focus on health and safety of consumers and not about who is paying taxes.

                  Jean Ogren of the Electrology Association, noted this is a gray area. As a salon
                  owner she had a written contract that delineated all the responsibilities of the booth
                  renter and herself. In her experience of being audited, she said the state
                  government is concerned about where the money goes; it should be kept separate.
                  She required her booth renters to get a separate business license.

           The committee voted 3-0 in favor of the motion. It will move forward to the full board.

     h)    Discussion on Hair Stylist License

           Mr. Tyler pointed out that occupational analysis studies have shown 90% of people become
           cosmetologists to do hair. He noted hair stylists are required to do 1,600 hours in a broad
           scope of work in hair, skin and nails, but may only want to do hair. Many states are moving
           in this direction. Mr. Tyler gave the scenario of a person getting their hair stylist license
           after 900 hours. They could then later take additional classes/hours if they wanted to
           expand their license into skin and nails. Hair stylists are being forced to pay for education
           that is not utilized. This license would be good for reciprocity also. He requested this issue
           be moved forward for discussion by the full board; it will not be an action item. If approved
           in the future, it will require legislation. The committee agreed.

     i)    Discussion on Natural Hair Braiding Certification

           Mr. Tyler stated the area of natural hair braiding needs to be regulated. It is not within the
           scope and practice of hair styling. It is the cause of the largest amount of hair loss in
           African American women and is due to improper hair braiding and care of braids. The focus
           is now on the technique and not other issues such as the skin and scalp. Mr. Tyler feels a
           natural hair braiding certification needs to be developed to allow a curriculum to be
           developed to teach the basics of health, safety and sanitation. He noted plastic extensions
           are being purchased and melted onto scalps. This creates dioxin, a very dangerous
           chemical. He also noted extension braids sold in store that purport to be 100% human hair
           may not be. ‘Individual hair extension is a booming part of the industry that nobody knows
           anything about.’ This certification would require legislation; it is currently exempt so
           legislation would be required to remove the exemption. Mr. Hedges recommended
           speaking with members of the legislature to bring it to their attention. Mr. Hedges noted
           many hair braiders can be cited for working out of scope of practice. Mr. Hedges made the
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              motion to move this issue to the legislation and budget committee. It was seconded by Mr.
              Lloyd and approved by a 3-0 vote. Ms. Underwood recommended adding legislative goals
              to the agenda for the next meeting to discuss goals for new legislation and set priorities.

       j)     Discussion on Establishment Renewal Notices

              Mr. Hedges noted he had received information that establishments do not receive renewal
              notices. Staff confirmed that they do. However, if they do not pay a fine, their renewal is
              placed on hold. So if they pay their $40 renewal, the check is cashed but their license is not
              renewed because of the past due fines. He hoped it could be arranged that they receive a
              renewal notice, along with the reminder/requirement to pay the past due fine. Ms.
              Underwood indicated the enforcement and license databases do not communicate at this
              time. Mr. Duke noted the renewal notices are sent out by the Department of Employment
              Development. Linking the two databases would be a very expensive and time consuming
              endeavor. Ms. Underwood suggested a note could be added to the renewal notice stating
              their renewal will not be valid if they have any past due fines. The committee directed staff
              to add this.

       k)     Public Comment

              Kirby Morris, of NIC, wanted to clarify he was not accusing PBFC of not telling the truth, but
              there are myths. He also wanted to point out he is not against booth rental salons. He is
              favor of licensing them but feels a lot of discussion is needed to make sure it is done right.
              He stated he will work with staff to outline his concerns.

       l)     Agenda Items for Next Committee Meeting

              None at this time.

       m)     Adjournment

              There being no further business, the meeting of the Licensing and Examination Committee
              was adjourned.

(15 minute break)


10.    Agenda Item #10, EDUCATION AND OUTREACH

       a)     Call to Order/Roll Call

              Committee members include Jerri Ann Walters, Deedee Carlson, Socorro Farias (Marlene
              Gadinis, Alternate). All members were present.

       b)     Approval of April 22, 2007 Committee Meeting Minutes

              Due to lack of a quorum the approval of the committee meeting minutes was tabled.

       c)     Election of Chair

              Ms. Carlson was elected chair at the last meeting.
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     d)    Consumer Outreach Campaign Update

           Ms. Underwood updated the committee on the consumer outreach campaign. Staff
           attended the state agency expo, and will be attending the California State Fair.

     e)    Industry Outreach Campaign Update

           Ms. Walters noted the Face and Body show in San Francisco is upcoming on 8/26-27.
           Staff will be attending that event, along with the Nail Pro show in Sacramento on 10/7. The
           packet outlines all the events staff has attended in 2007. Ms. Walters asked if it would be
           beneficial to have a licensed person at the shows to answer questions. Mr. Duke noted the
           people working in the booth are representatives of the Board, and anyone else may give
           improper information.

     f)    Discussion on Media Alternatives

           Ms. Underwood presented the committee with a plan proposed by Alex Irving regarding cost
           savings PR.

                  Alex Irving of Alexander Public Relations developed a list for staff regarding media
                  alternatives. He noted public outreach should be an ongoing process. Staff and
                  board members do not have time to focus on this. He stated the board needs a plan
                  for ongoing public relations. ‘The Board needs faces.’ A representative of the board
                  needs to meet with personnel from every magazine in the industry and provide
                  information for future articles. His plan recommends establishment of the California
                  Publicists Council to get the word out. He also recommends creating an official
                  awareness PR campaign for 2008 which will require strategic planning. A theme/
                  slogan would be created. A quarterly newsletter should also be created focusing on
                  the issues, achievements of the board and targeting the influential people of the
                  industry. His plan suggests exposing the people of the board and staff to the
                  industry through the newsletter, and press releases. Overall, he recommended
                  these ideas be prestrategized. He noted none of the ideas cost a lot of money. (i.e.
                  the newsletter could cost $1 per copy) Mr. Irving noted his company is very
                  knowledgeable of the industry and the board. He noted the board may want to do an
                  associative website to the current state website. It can be changed more actively
                  and quicker.

            Ms. Underwood indicated staff will thoroughly review the proposal and bring a
           recommendation back to the committee. Available resources will be identified. Mr. Duke
           noted a website is more passive requiring the user to access it. A mailed newsletter may be
           more effective. At this time, email addresses are not collected for future IT mailings. Ms.
           Walters noted it would be important to get email contacts for schools to get information out
           quickly.

            Mr. Duke asked Mr. Irving if he could develop public service announcements. He stated
           that his focus is on public relations but he has had experienced in doing them. Mr. Duke
           recalled he saw some while in Florida that seemed effective.

     g)    Public Comment
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           None at this time.

           Ms. Walters noted she emailed Oprah and Tyra Banks to give them information about the
           board and the positive changes that are being made for the industry. She has not yet
           received a response.

           Ms. Carlson asked if they could require renewals to complete a healthy and safety
           education update course to renew their license. Ms. Underwood stated it would require
           legislation and may be a difficult task to get through the legislature. Ms. Underwood stated
           it would fall more under the Legislation and Budget Committee.

      h)   Agenda Items for Next Committee Meeting

           Public relations plan from staff. Update on consumer and industry outreach.

      i)   Adjournment

           There being no further business the meeting of the Education and Outreach Committee was
           adjourned.


11.   Agenda Item #11, ENFORCEMENT AND INSPECTION COMMITTEE

      a)   Call to Order/Roll Call

           Members include Richard Hedges (Chair), Frank Lloyd, Deedee Carlson, Ken Williams. All
           were in attendance.

      b)   Approval of April 22, 2007 Committee Meeting Minutes

           Upon a motion by Mr. Carlson, seconded by Mr. Williams, the minutes were approved by a
           4-0 roll call vote.

      c)   Review of Enforcement Statistics

           Enforcement statistics were reviewed by Ms. Underwood. It was noted complaints dropped
           during the period. Mr. Williams noticed a large increase in citations issued. Ms.
           Underwood stated this may be caused by the push to get them in before the end of the
           fiscal year. Ms. Carlson asked if a licensee is reinspected if they are on probation. Ms.
           Underwood explained the office has a probation monitor that keeps in close contact with
           people on probation. The requirements are determined on a case-by-case basis. They
           typically will get reinspected within 3-6 months. Mr. Duke indicated under the newly
           proposed summary suspension regulation, a subsequent inspection is required within a
           short period of time after the violation has been found. At this time, it only pertains to
           footspas and pedicures.

      d)   Review of Health and Safety Enforcement (taken out of order)

           Ms. Underwood outlined a couple of areas that staff feels need to be improved in the health
           and safety area. A comprehensive review is needed of the health and safety laws. The
           same violations have been cited for the past 5 years. These are the obvious visible
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           violations that can be common when somebody gets busy. Mr. Tyler agreed it may be time
           to review the relevancy of the health and safety laws. There may be items that are
           outdated, or some may need to be included. Ms. Underwood cited an example of the
           posted license at the workstation. Someone will be cited if the license is posted in the
           reception area. Consumer harm needs to be reviewed. Mr. Williams noted a problem with
           multiple violations for one item. Mr. Hedges and Mr. Lloyd noted the importance of the top
           violations. Ms. Underwood stated the inspectors should not have to make the decisions
           about what violations they give. Staff feels an internal review is needed to analyze the
           current violations, procedures, etc. The board agreed. Mr. Hedges reminded the board
           that the fines had not been raised in many years until recently. The flat fine policy was
           developed so inspectors could work the weekends and not have to call in for the fine.
           People are now reacting to the increase in fines. Mr. Duke noted most boards issue
           subsequent citations after an inspection and analysis. This would provide for consistency in
           citations and determine the seriousness of the violation. Mr. Tyler noted this will take the
           inspectors out of volatile situations. Ms. Underwood outlined the following staff
           recommendations for reform: 1) Inspection reports will no longer contain administrative
           fines. Notices of violations with fine schedule will be left with the violators. 2) Inspectors
           would conduct inspection and submit photographs and report to the enforcement unit. 3)
           The enforcement analyst would then review the history of the violator, and determine the
           course of action to be taken which could be a citation or disciplinary action. They cannot
           actually dismiss the fine but can determine there is no substantial evidence to move
           forward. Immediate action could be taken for serious violations. Mr. Hedges indicated at
           this time the enforcement analysts have a large backlog and is concerned that they would
           not be effective. Strict timelines must be adhered to, i.e. must be completed within 10-15
           days. Mr. Lloyd recommended a mass mailing of fine amounts to protect the inspectors.
           Mr. Tyler noted the fine schedule is posted on the website and very available. Mr. Tyler
           believed the new enforcement director Heather Berg, will get things moving. Mr. Duke
           noted the proposed changes will depersonalize the process for the inspectors, and offer a
           sense of fairness to violators that there will be another level of review. This will open the
           door for the inspector to return in the future without animosity. Mr. Hedges noted strict
           timelines need to be adhered to; Performance standards need to be established to provide a
           means of accountability. All agreed more staff will be needed to help the system to be a
           success. Mr. Hedges recommended weekly reports be submitted to DRC on the progress
           to make sure things are being completed timely. Ms. Gadinis felt the proposed changes will
           create an educational environment for the inspectors in the field with the licensees. Mr.
           Duke believed the proposed changes could save the DRC time in not having to hear
           appeals. Mr. Williams expressed his strong support for the proposed changes. They will
           allow inspectors the opportunity to educate. Correction needs to be the focus. Mr. Hedges
           made the motion to move forward with staff’s recommendations and ensure number is 3 is
           carefully monitored and implemented to ensure there is enough staff and ability to complete
           in a timely fashion (within 15 days from receipt of paperwork). Ms. Walters seconded the
           motion. Mr. Duke pointed out summary suspension cases will have priority.

                  Public Comment:

                  Jaime Schrabeck of Precision Nails applauded the board’s concerns. She noted
                  education has not taken place in the schools. The inspectors’ job is to enforce.
                  Health and safety needs to be integrated into the curriculums.

                  Fred Jones, PBFC, appreciates the recommendations. The sensitivity is high in the
                  industry at the present time. Objective reviews are needed to include the case
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                     licensee’s case history. An inspector cannot be objective. He recommended
                     immediate adoption.

                     Alex Irving expressed his support for the recommendations.

             Mr. Lloyd reiterated the length of time needs to be cut as short as possible. Ms. Gadinis
             noted that once a person is given a notice they should be told it will be reviewed by the
             enforcement agency and the citation will be issued in 30 to 45 days. Keep the
             communication open. From a school perspective, Ms. Carlson indicated it may be helpful in
             the future to let schools know how their students did on each area of the test and not just an
             overall pass/fail.

                     Kirby Morris of NIC indicated the national examination program can provide that
                     information.

             Mr. Lloyd recommended an information sheet be left at the time the notice of violation is
             given explaining the process in black and white. Ms. Farias and Mr. Williams agreed
             communication is important at all levels so there is no misunderstanding. The motion was
             approved by an 8-0 roll call vote.

      e)     Public Comment

             None at this time.

      f)     Agenda Items for Next Board Meeting

             Continuing update on the review of health and safety enforcement. Ms. Underwood noted
             this will be a thorough and timely process. She anticipated coming to the October meeting
             with a detailed plan.

             Mr. Williams asked about the remediation component and if it was only for people who have
             lost their license. Ms. Underwood stated it comes from the attorney general’s office if they
             will be required to do remedial training. Mr. Lloyd asked if a citation similar to a ‘fix-it ticket’
             could be established. Mr. Duke indicated the board has the authority to issue an order of
             abatement which would cover this. Mr. Hedges recalled this was done in the past but staff
             recommended discontinuing this practice. Mr. Lloyd asked who monitors when a shop is
             ordered to close for 5 days as a result of violations. Staff noted the inspectors will try to go
             out during that period to ensure they are closed.

      g)     Adjournment

             There being no further business the meeting of the Enforcement and Inspection Committee
             was adjourned.


12.   Agenda Item #12, FULL BOARD RECONVENES

      Mr. Tyler called the meeting of the full board to order.


13.   Agenda Item #13, REPORT OF ACTION ITEMS FROM THE COMMITTEES
BOARD/COMMITTEE MEETING
August 5, 2007
Page 13




      LEGISLATION AND BUDGET COMMITTEE

      No action items to discuss.

      LICENSING AND EXAMINATION COMMITTEE

      Approval of Regulatory Language to Revise Curriculum for Electrology, Esthetician, Barbering and
      Manicuring:

      It was reported the committee approved to proceed with the regulatory package with the new
      reformatted language, and present that at the next board meeting. OAL is requesting the ‘final’
      language at this time. However Mr. Duke reported the language may change throughout the
      rulemaking process, but would require another motion. Mr. Hedges made the motion to approve
      the committee’s recommendation to move forward with the new licensing types and hours. Mr.
      Tyler seconded the motion.

             Public Comment

             Jean Ogren reiterated her concern about the discrepancy in hours for the three electrology
             modalities.

      The motion was approved by a 7-0 roll call vote.

      ENFORCEMENT AND INSPECTIONS COMMITTEE

      Review of Health and Safety Enforcement:: No Action Items to Discuss

14.   Agenda Item #14, UPDATE ON THE BUREAU FOR PRIVATE POST-SECONDARY AND
      VOCATIONAL EDUCATION

      Ms. Underwood clarified the current law states a school can only be approved if it is previously
      licensed by the BPPVE. The BPPVE does not exist any longer. Transition legislation SB 1525
      allows approved schools to maintain their approval. If something does not happen by January 1,
      schools will no longer be approved, resulting in no approved students, and discontinuation of the
      exam. Ms. Carlson asked if the board has the staff to manage the school approval process if they
      undertake this, including student advocacy. Mr. Tyler noted the BPPVE was charging for school
      approval, which may allow the board to hire more staff. All agreed the board needs to send a clear
      message that they are the best qualified to provide oversight over the schools. All expressed great
      confidence in Ms. Underwood and her staff to make this transition and process successful. Mr.
      Duke noted one avenue to accomplish the change would be to request a bill to delete the line
      requiring schools be approved by BPPVE. It would not require urgency legislation. Another
      avenue would be to support SB 823 which continues BPPVE.

             Public Comment

             Fred Jones, PBFC, commented SB 823 is the vehicle to create the new BPPVE structure.
             He noted in conversations with the staff of the author of the bill, they were hesitant to let the
             schools go because they wanted to get as much backing on this bill as they could. He
             noted he has tried to convince them this would not affect it. He has been contacting multiple
             legislators over this issue. He noted there is urgency for schools who are trying to open.
BOARD/COMMITTEE MEETING
August 5, 2007
Page 14


             SB 1525 keeps things status quo up until January 31. If nothing is passed, no schools will
             be licensed. If SB 823 passes, new schools will have a hard time. He recommended also
             striking the word ‘license’ from the current law. He noted increase of duties only affects
             urgency bills. He recommended amending 7362, removing the BPPVE and allowing
             schools to be approved by the board. (Mr. Tyler asked if contacting schools would be
             helpful). Mr. Jones indicated educating politicians would be more helpful. He stated the
             board needs to send a clear message, ’send our schools back.’

      Mr. Hedges made the motion to direct staff to move to claiming the licensing function of private post
      secondary board vocational schools, and getting legislation to allow the Board of Barbering and
      Cosmetology to license them. Mr. Tyler seconded the motion.

             Public Comment:

             George Brunt reiterated his difficulties in opening a new school in the Bay Area. He cannot
             wait until January to open his school. He appreciated the Board’s concerns and supports
             their decision to move forward. He hoped staff could look into alternative ways to help his
             school open before January.

             Mr. Jones clarified ‘voluntary contract’ is not increasing the official duties of the department
             and is legal. It is requesting, not requiring. Creative alternatives are possible. 1525 keeps
             the status quo but does not provide a mechanism for approval of a new school.

      Ms. Carlson noted it was made clear to potential schools by BPPVE to not sign a lease until they
      received preliminary approval. However, since they do not exist anymore, approval is difficult. Mr.
      Duke clarified under 1525; schools who had received approval prior to June 30 were authorized to
      open. Mr. Williams wondered who the board could go to to make their intentions clear. He did not
      believe the state is in favor of having unlicensed schools.

      The motion was approved by a 7-0 roll call vote.


15.   Agenda Item #15, PUBLIC COMMENT

      Jean Ogren asked if the Electrologist Association could educate the Board on their industry. They
      would like to provide more information about their industry. Mr. Hedges recommended a future
      presentation on the second day of the regular meeting. Ms. Ogrin asked if the advisory committee
      was still operating. Mr. Tyler confirmed the Board is aware the Electrologist Association is an
      important part of the board. Ms. Ogrin asked if changes in the meeting locations could be noticed
      more in advance. She noted the last meeting was changed from San Jose to Sacramento at the
      last minute. Staff noted the website would be a good source of updated information. Ms. Ogrin
      thanked the board for being professional and proactive.


16.   Agenda Item #16, ADJOURNMENT

      With no further business, the meeting was adjourned.